If I’m a teacher and had 2 miscarriages and complications with both so missed school but didn’t go over my sick days, was it legal to put on probation/?

Is there anything I can do?

Asked on August 13, 2015 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are a teacher, do you have or is your employment subject to a union or collective bargaining agreement? If so, you need to refer to what the contract says about probation, discipline, missing work, etc. since if the contract addresses this issue, it will control the outcome and determine your rights.

Without regard to your contract: generally, an employee may be put on probation at the employer's will. This includes for missing work, even if the employee did not, for example, exceed her sick days, if the employer feels that the employee's performance has been poor (e.g. if you have been distracted or unproductive at work), her attitude has been bad (such as if due to the understandable physical and emotional stress of what you describe, you were short termpered or irritable), or she violated procedures relating to missed work (e.g did not call in properly or provide proper notice). 

But again, that is as a general matter. So if you do not have a contract, the employer would seem to be able to do this. If you did have a contract, you need to review what your contract says; the employer cannot violate its terms.


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